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09/15/2014Amended 1016/14 — Page 9 re Vehicle Usage Policy — Change of Vote by Alderman Sayad MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 15, 2014 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 6:31 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 15, 2014. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten and Charewicz. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Senior Planner Mangum, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley and City Attorney Friedman. EXECUTIVE Moved by Walsten, seconded by Sayad, to go into Executive Session to discuss SESSION: Personnel. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. There were no objections. The City Council recessed at 6:32 p.m. The City Council reconvened at 7:15 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten and Charewicz. PRAYER AND The opening prayer was given by Father Noel Reyes of St. Stephen's Catholic PLEDGE: Church, followed by the Pledge of Allegiance to the Flag. APP'T. OF 7TH Mayor Bogusz stated that he is appointing Don Smith as Alderman of the 7tn WARD Ward to fill the vacancy created by the sudden passing of Joanna Sojka on ALDERMAN: August 18, 2014. This will be a temporary appointment lasting until a permanent replacement for Alderman Sojka is selected by the voters of the 7' Ward at the April 7, 2015 general municipal election. The person elected at that time will serve out the remainder of Alderman Sojka's term, which extends until 2017. Mr. Don Smith appeared before the City Council and answered questions from the Aldermen. Page 2 of 9 9/15/14 APP'T. OF 7TH Mr. Gerry Nach, 309 8h Avenue, addressed the City Council stating that Don WARD Smith is qualified for the temporary appointment. ALDERMAN: (Cont'd) Moved by Charewicz, seconded by Robinson, to approve Mayor Bogusz's appointment of Don Smith to fill the vacancy for Ward 7 until May 4, 2015 when the newly elected alderman is sworn in to fill the unexpired term. Moved by Sayad, seconded by Brookman, for a substitute motion to TABLE indefinitely the appointment of Don Smith to fill the vacancy for Ward 7. Upon roll call, the vote was: AYES: 4-Haugeberg, Sayad, Brookman, Walsten NAYS: 4 -Robinson, Rodd, Charewicz, Bogusz ABSENT: 0 -None Motion declared FAILED. Moved by Haugeberg, seconded by Sayad, for a substitute motion to TABLE the appointment of Don Smith to fill the vacancy for Ward 7 until the October 6, 2014 Council meeting. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Sayad, Brookman, Walsten NAYS: 2 -Rodd, Charewicz ABSENT: 0 -None Motion declared carried. PUBLIC MINUTES OF THE PUBLIC HEARINGS HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, TAX INCREMENT DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 15, 2014 FINANCING (TIF) DISTRICT #6 Mayor Bogusz called the Public Hearing to order at 7:47 p.m. The Public FIRST Hearing was being held pursuant to Resolution R-136-14 which was approved AMENDMENT: at the July 7, 2014 Council meeting. DISCUSSION: Mr. Robert Rychlicki of Kane McKenna addressed the City Council reviewing the summary of Public Notices and Conformance to the Tax Increment Financing (TIF) Act and the report of the Joint Review Board Meeting of August 20, 2014. City Clerk Ludwig confirmed that the Clerk's Office did not receive any written comments from the public. Mr. Rychlicki gave a TIF Overview and summary of the Amended TIF Plan. Mayor Bogusz asked for Public Comments and Discussion from the aldermen and the public. There were no comments. The Public Hearing was adjourned at 7:53 p.m. �1 Page 3 of 9 9/15/14 PUBLIC Mayor Bogusz called the Public Hearing to order at 7:54 p.m. The Public HEARING/ Hearing was being held pursuant to Resolution R-137-14 which was approved TAX INCREMENT at the July 7, 2014 Council meeting. FINANCING (TIF) DISTRICT #7: Mr. Robert Rychlicki of Kane McKenna addressed the City Council reviewing the summary of Public Notices and Conformance to the Tax Increment DISCUSSION: Financing (TIF) Act and the report of the Joint Review Board Meeting of August 20, 2014. City Clerk Ludwig confirmed that the Clerk's Office did not receive any written comments from the public. Mr. Rychlicki gave a TIF Overview and summary of the TIF Plan and Qualification Factors. Mayor Bogusz asked for Public Comments and Discussion from the aldermen and the public. Mr. Rychlicki answered questions from the Aldermen. There were no comments from the public. The Public Hearing was adjourned at 8:02 p.m. The City Council reconvened at 8:03 p.m. CITIZEN PART.: Mr. Leroy Jawolski, a resident of Chicago and member of Fr. Linden Knights of Columbus Council 3627 which meets at St. Zachary's Parish addressed the City Council announcing its 450' Annual Tootsie Roll Drive taking place September 19 - 21 and the Make a Difference Day event on November 7 at River Rand Bowl benefiting numerous charitable organizations. CITY CLERK City Clerk Ludwig announced that information for the November 4, 2014 ANNOUNCEMENTS: Election is posted on the City's website and Candidate Information for the April 7, 2015 Election will be posted on the City's website as of September 23, 2014. CONSENT Motion by Rodd, seconded by Charewicz, to establish the Consent Agenda AGENDA: except for Items 6, 6a, 6b, and 12. Motion declared carried. Motion by Rodd, seconded by Robinson, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-175-14, R-176-14, R-177-14, R-178-14 and R-180-14 were adopted; Ordinances M-29-14 and Z-21-14 were adopted. Page 4 of 9 9/15/14 MINUTES: Moved by Rodd, seconded by Robinson, to approve minutes of the Regular Consent Meeting of the City Council held September 2, 2014. Motion declared carried Agenda as approved unanimously under Consent Agenda. APPROVE AGR. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation TEMPORARY to approve an Agreement with Stivers Staffing Services for Temporary SVCS/ HR DEPT./ Personnel, Inc., headquartered at 701 Lee Street, Des Plaines, to provide two COM. CENTER: staff members to the City on a temporary basis as independent contractors in the Consent Human Resources Department and Communications Center in the not -to - Agenda exceed amount of $25,000; and further recommend to adopt Resolution R-175- 14, A RESOLUTION APPROVING AN AGREEMENT WITH STIVERS Resolution TEMPORARY PERSONNEL, INC. FOR TEMPORARY STAFFING R-175-14 SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Rodd, seconded by Robinson, to concur with Staff recommendation 2014 WATER to award bid of the 2014 Water System Leak Detection Contract to the lowest SYST. LEAK responsible Bidder M.E. Simpson, Inc., 3406 Enterprise Avenue, Valparaiso, DETECTION: Indiana 46383 in the Amount of $39,600 (Budgeted Funds — Water Consent Fund/Professional Services); and further recommend to adopt Resolution R - Agenda 176-14, A RESOLUTION APPROVING AN AGREEMENT WITH M.E. SIMPSON COMPANY, INC., FOR LEAK DETECTION SERVICES. Motion Resolution declared carried as approved unanimously under Consent Agenda. R-176-14 REJECT ALL Moved by Rodd, seconded by Robinson, to concur with Staff recommendation BIDS/ to reject all bids received on August 20, 2014 for the Algonquin Road Bridge ALGONOUIN RD. Repair in the best interest of the City; and further recommend to adopt BRIDGE REPAIR: Resolution R-177-14, A RESOLUTION REJECTING ALL BIDS FOR THE Consent PERFORMANCE OF REPAIRS TO THE ALGONQUIN ROAD BRIDGE. Agenda Motion declared carried as approved unanimously under Consent Agenda. Resolution R-177-14 APPROVE LEVEE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation 50 SLUICE to approve Levee 50 Sluice Repair with Independent Mechanical Industries, REPAIR: Inc., 4155 North Knox Avenue, Chicago, Illinois 60641 in the amount of Consent $18,965 (Budgeted Funds — Water Fund/Sewer/R&M Sewer System); and Agenda further recommend to adopt Resolution R-178-14, A RESOLUTION APPROVING AN AGREEMENT WITH INDEPENDENT MECHANICAL Resolution INDUSTRIES, INC., FOR THE INSPECTION AND REPAIR OF SLUICE R-178-14 GATE NO. 1 AT LEVEE 50. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Resident Dr. M. McKiernan, 1920 Andy Lane, requested that this Item be JURISDICT'L removed from Consent Agenda. TRANSFER/ DES PLAINES Dr. McKiernan read a statement regarding installation of a bike path and J Page 5 of 9 9/15/14 RIVER RD. pedestrian walkway on River Road. Director Oakley answered questions from RECONSTR.: Dr. McKiernan and the Aldermen. Ordinance Moved by Haugeberg, seconded by Robinson, to place on First Reading M-35-14 Ordinance M-35-14, AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF TOUHY AVENUE TO THE SOUTH EDGE OF PAVEMENT OF HENRY AVENUE, IN ITS ENTIRETY, TO THE MUNICIPAL STREET SYSTEM OF THE CITY. Motion declared carried. ORDINANCE Moved by Haugeberg, seconded by Walsten, to advance to Second Reading and M-35-14 adopt Ordinance M-35-14, AN ORDINANCE PROVIDING FOR THE JURISDICT'L ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE TRANSFER/ OF PAVEMENT OF TOUHY AVENUE TO THE SOUTH EDGE OF DES PLAINES PAVEMENT OF HENRY AVENUE, IN ITS ENTIRETY, TO THE RIVER RD. MUNICIPAL STREET SYSTEM OF THE CITY. Upon roll call, the vote was: RECONSTR.: AYES: 7-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. AWARD BID/ Moved by Haugeberg, seconded by Sayad, to concur with Staff DES PLAINES recommendation to award bid for Des Plaines River Road Reconstruction, RIVER RD. Contract 60X13, from Fargo Avenue to South of Henry Avenue to Low Bidder RECONSTR.: Greco Contractors, Inc., 2100 S. Mt. Prospect Road, Des Plaines, Illinois 60018 in the amount of $13,454,993.33 (Budgeted Funds — Grant Funded Resolution Projects/Capital Projects) and approve Jurisdictional Transfer in its Entirety per R-179-14 Resolution R-78-14; and further recommend to adopt Resolution R-179-14, A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH GRECO CONTRACTORS FOR PHASE TWO OF THE DES PLAINES RIVER ROAD RECONSTRUCTION PROJECT. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. APPROVE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation PROPOSAL/ to Approve Proposal Related to Des Plaines River Road Reconstruction, ENG. SVCS./ Contract 60X13, for Construction Engineering Services from URS Corporation, DES PLAINES 100 South Wacker Drive, Suite 500, Chicago, Illinois 60606 in an amount not - RIVER RD. to -exceed $1,375,137.06 (Budgeted Funds — Grant Funded Projects/Capital RECONSTR.: Projects); and further recommend to adopt Resolution R-180-14, A Consent RESOLUTION APPROVING AN AGREEMENT WITH INDEPENDENT Agenda MECHANICAL INDUSTRIES, INC., FOR THE INSPECTION AND REPAIR OF SLUICE GATE NO. 1 AT LEVEE 50. Motion declared carried as Resolution approved unanimously under Consent Agenda. R-180-14 C Page 6 of 9 9/15/14 ADVERTISE FOR Moved by Rodd, seconded by Robinson, to authorize the City Clerk to advertise BID/ SIDEWALK for bid the Contractual Sidewalk Snow Removal Contract (Budgeted Funds — SNOW TIF 1/City Maintenance) with a bid opening date of October 1, 2014 at 10:00 REMOVAL: a.m. Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda ADVERTISE FOR Moved by Rodd, seconded by Robinson, to authorize the City Clerk to advertise BID/ SNOW for bid the Contractual Snow Plowing Contract (Budgeted Funds — General PLOWING: Fund/Streets & Grounds Maintenance) with a bid opening date of October 1, Consent 2014 at 10:00 a.m. Motion declared carried as approved unanimously under Agenda Consent Agenda. ORDINANCE Moved by Rodd, seconded by Robinson, to adopt Ordinance M-29-14, AN M-29-14 ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF CHAPTER APPROVE NEW 18, "SCHEDULE OF FEES," OF TITLE 4, `BUSINESS REGULATIONS," CLASS H-1 BEER OF THE CITY CODE TO ADD ONE CLASS H-1 LIQUOR LICENSE. AND WINE ONLY Motion declared carried as approved unanimously under Consent Agenda. LIO. LIC./ 1560 RAND RD.: Consent Agenda ORDINANCE Alderman Brookman requested that this item be removed from Consent M-32-14 Agenda. AMEND CITY CODE/ NOISE Ms. Kathy Krus, 888 Mason Lane, addressed the City Council requesting a time CONTROL: limit and a specific number of days to be added to Ordinance M-32-14. Moved by Brookman, seconded by Haugeberg, to adopt Ordinance M-32-14, AN ORDINANCE AMENDING TITLE 5 AND TITLE 6 OF THE DES PLAINES CITY CODE REGARDING THE REGULATION OF NUISANCES AND EXCESSIVE NOISE, AS AMENDED. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad provided a list of invoices submitted by Holland & Knight in REGISTER: the total amount of $28,064.00 from the Warrant Register of September k15, Page 7 of 9 9/15/14 WARRANT 2014 and did not agree with paying these invoices because he feels the costs are REGISTER: too high to the residents. The list is as follows: (Cont'd) Page Line # Amount 4 42 $ 2,09600 46 18,500.00 47 264.00 48 207.00 49 332.50 50 800.00 51 2,187.50 16 370 3.677.00 Totals 8 Items $28,064.00 Moved by Haugeberg, seconded by Charewicz, to recommend to the City Council approval of the September 15, 2014 — Warrant Register, in the total amount of $3,986,748.41; and further recommend that Resolution R-181-14 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of September 15, 2014, with the exception of the invoices from Holland & Knight in the total amount of $28,064.00. COMMUNITY DEVELOPMENT — Alderman Walsten, Vice Chair CITYWIDE TEXT Alderman Walsten requested that this matter be deferred to the October 6, 2014 AMENDMENT/ Council Meeting. There were no objections. NOISE/NIGHT CLUB DEFINITION: PUBLIC SAFETY — Alderman Haugeberg, Chair VEHICLE USAGE City Manager Bartholomew reviewed his Memorandum of September 4, 2014 POLICY: regarding approval of a vehicle usage policy and answered questions from the Aldermen. UNFINISHED BUSINESS: Moved by Charewicz, seconded by Walsten, to recommend to the City Council approval of a vehicle usage policy by adopting Resolution R-182-14. Motion declared carried. Alderman Sayad did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. 4�� Page 8 of 9 9/15/14 ORDINANCE Moved by Robinson, seconded by Walsten, to adopt Ordinance Z-22-14, AN Z-22-14 ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.1 - MAJOR 3.E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT VARIATION/ 1784 A 1,160 SQUARE FOOT ACCESSORY STRUCTURE AT 1784 FOREST FOREST AVE.: AVENUE, DES PLAINES, ILLINOIS (CASE #14-040-V). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten NAYS: 1-Charewicz ABSENT: 0 -None Motion declared carried. NEW BUSINESS• WARRANT Moved by Haugeberg, seconded by Charewicz, to concur with recommendation REGISTER: of Committee of the Whole to adopt Resolution R-181-14, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE R-181-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,986,748.41. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of September 15, 2014, with the exception of the invoices from Holland & Knight in the total amount of $28,064.00. VEHICLE USAGE Moved by Haugeberg, seconded by Robinson, to concur with recommendation POLICY: of Committee of the Whole to adopt Resolution R-182-14, A RESOLUTION ACKNOWLEDGING AND ACCEPTING THE DEVELOPMENT AND Resolution IMPLEMENTATION OF A POLICY ON THE USE OF CITY -OWNED R-182-14 VEHICLES BY CITY OFFICERS AND EMPLOYEES. Upon roll call, the vote was: AYES: 6-7-Haugeberg, Robinson, Rodd, Sayer Brookman, Walsten, Charewiez NAYS: 1-0 X-eneSayad ABSENT: 0 -None Motion declared carried. AGREEMENT City Manager Bartholomew reviewed his Memorandum dated September 3, WITH 2014 regarding the Northwest Water Commission (NWC), Supplemental Water NORTHWEST Purchase and Sale Contract which provides a cost-effective supplemental WATER supply to the City's current supply of water from the City of Chicago. COMMISSION: Following approval from the City Council, the next step is to receive app oval Page 9 of 9 9/15/14 of the contract by a majority of the NWC member agencies. Resolution R-183-14 The City will be responsible for constructing the capital improvements required to receive water from the NWC. City Manager Bartholomew and Director of Public Works & Engineering Oakley answered questions from the Aldermen. Moved by Charewicz, seconded by Robinson, to adopt Resolution R-183-14, A RESOLUTION APPROVING AN AGREEMENT WITH THE NORTHWEST WATER COMMISSION FOR THE ALTERNATE AND ADDITIONAL SUPPLY OF POTABLE WATER. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Rodd, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:18 p.m. Gloria J. Ludwig — CIT CLERK APPROVED BY ME THIS 'O"'A h •W/ice%�/ 1 Matthew J.